RICHARD LEONE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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W. SHARP, Judge.
We deny Leone’s petition for writ of habe-as corpus. This petition is an abuse of process. Leone has filed three prior appeals pursuant to Florida Rule of Criminal Procedure 3.850,1 one previous petition for writ of error coram nobis,2 and one other petition for writ of habeas corpus for a belated appeal.3 Aside from the fact that Leone’s arguments in this proceeding have little or no merit, they could and should have been raised either on direct appeal or encompassed in Leone’s first rule 3.850 motion. Hardwick v. Dugger, 648 So. 2d 100 (Fla.1994). Enough surely is enough. See Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995).
DENIED.
GOSHORN and THOMPSON, JJ., concur. . Leone v. State, 519 So. 2d 1000 (Fla. 5th DCA 1988) (Case No. 87-2222) (PCA).
. Leone v. State, 591 So. 2d 663 (Fla. 5th DCA 1992) (Case No. 91-2425) (PCA).
.Leone v. State, Case No. 93-609 (Fla. 5th DCA Mar. 30, 1993) (Order).
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O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)…”); Lockett v. State, 657 So. 2d 38, 39 (Fla. 5th DCA 1995) (Sharp, W., J., concurring specially) (to forestall defendant from filing a fifth or sixth rule 3.850 motion, court should designate defendant's motion an abuse of process); Leone v. State, 657 So. 2d 26, 27 (Fla. 5th DCA 1995) (petition is abuse of process; arguments have little or no merit; arguments could and should have been raised either on direct appeal or in first rule 3.850 motion); Scott v. State, 656 So. 2d 204, 204 (Fla. 5th DCA 1995) (is…
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Johnson v. State, 680 So. 2d 1101 (Fla. 5th DCA 1996)…; Davis v. State, 589 So. 2d 896 (Fla.1991). Johnson seems not to have heard our message that a defendant is entitled to but one “bite at the apple” or that “enough is enough.” Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). See Leone v. State, 657 So. 2d 26 (Fla. 5th DCA 1995); Scott v. State, 656 So. 2d 204 (Fla. 5th DCA 1995); Johnson v. State, 652 So. 2d 980 (Fla. 5th DCA 1995). Even Herman Melville had to come to an ending in Moby Dick. Accordingly, we affirm the trial court’s ruling that filing t…
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Hack v. The Est. OF Dorothy T. Helling, 811 So. 2d 822 (Fla. 5th DCA 2002)…(Fla. 5th DCA 1992); Thalgott v. Thal-gott, 571 So. 2d 1368 (Fla. 1st DCA 1990). In any event, the same law is applicable to both motions. Foster v. City of Gainesville, 579 So. 2d 774 (Fla. 1st DCA 1991). . Natoel v. Royal Caribbean Cruise, Ltd., 657 So. 2d 26 (Fla. 3d DCA 1995); Texaco, Inc. v. Giltak Corp., 492 So. 2d 812 (Fla. 1st DCA 1986); Fincher Investigative Agency, Inc. v. Scott, 394 So. 2d 559 (Fla. 3d DCA), rev. denied, 402 So. 2d 609 (Fla.1981); Allen v. Dutton’s Estate, 394 So. 2d 132 (Fla. 5…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Hardwick v. Dugger, 648 So. 2d 100 (Fla. 1994)
- Leone v. State, 591 So. 2d 663 (Fla. 5th DCA 1991)
- Trimble v. State, 591 So. 2d 663 (Fla. 2d DCA 1991)